The appellants appealed a decision of the Ontario Energy Board which held that it lacked jurisdiction to order the implementation of a low-income rate affordability program for natural gas consumers.
The Divisional Court allowed the appeal, finding that the broad statutory authority to fix 'just and reasonable rates' using 'any method or technique' permitted the Board to consider ability to pay.
The majority concluded that while cost of service is the starting point, the Board has the jurisdiction to implement differential pricing to protect the interests of low-income consumers.
